On January 1st, 2013 the Israeli Patent Office will implement new regulations dramatically affecting official fees for both local and PCT applications entering the national phase. The tables below detail each of the fees required by the Office with the designated changes. For the most part, applicants can expect sharp increases in both filing and renewal fees:
*New fee applicable 1 January 2013
**Approximate currency exchange rate as of 19 Dec 2012
Fortunately, the new amendment offers some relief to individual inventors and smaller companies. Corporate applicants having a turnover of less than ILS 10 million (US$2.7 million) in the last calendar year qualify for a 40% reduction on the filing and nationals fees. For everyone else, filing on or before December 31st, 2012 will guarantee the existing official fees.
For a complete summary of Israel’s requirements for entry into the national phase, check out WIPO’s PCT Applicant’s Guide. And if you’re interested in a free 1-click cost estimate for your PCT, simply register with us at inovia.com.
Our associates in Israel, Reinhold Cohn & Partners, reported on a recent Israeli court decision pertaining to a missed national stage filing deadline. In the case of Mindcake LLC vs. Registrar of Patents, the Tel Aviv District Court refused the appeal from the Registrar’s decision to deny late national stage entry into Israel, ruling that the applicant did not meet the requisite standard of due care. Generally speaking, many patent offices will allow a missed filing deadline if the applicant can show that the failure to timely file occurred in spite of all due care being exercised by the applicant and its legal counsel.
Without going into the details of this particular case, the court found that by failing to respond to the Israeli counsel’s request for instructions, the US counsel had not met the requisite due care standard. And even though the application missed the 30-month deadline by merely 2 days, the court ruled that the length of the delay was irrelevant in their analysis. As a result, the PCT application was denied entry into Israel.
This case further stresses the importance of monitoring and meeting your patent deadlines. We speak with applicants all the time who underestimate the consequences of not filing in time. Actions, such as publishing your invention in a trade journal or filing a provision application, can have serious international ramifications. We hear from many inventors who say they’re delaying filing until they are “ready” to proceed. Often times, the clock is already ticking and it doesn’t stop just because the inventor’s not ready.
Want more information on the national/regional stage filing deadlines for PCT applications? Download a copy of our PCT national phase guide which provides specific filing details for 45 popular jurisdictions.